State Environmental Planning Policy (Affordable Rental ... · PDF fileState Environmental...

New South Wales

State Environmental Planning Policy (Affordable Rental Housing) 2009

This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’sOffice and published on the NSW legislation website.

under the

Environmental Planning and Assessment Act 1979

Status information

Currency of versionHistorical version for 5 October 2012 to 4 July 2013 (generated 26 July 2013 at 16:22). Legislation on the NSW legislation website is usually updated within 3 working days.

Provisions in forceSome, but not all, of the provisions displayed in this version of the legislation havecommenced. See Historical Notes.

Does not include amendments by:

Sch 3.4 to this Policy (not commenced — to commence on the commencement of Sch 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008 No 36)Statute Law (Miscellaneous Provisions) Act 2013 No 47 (not commenced — to commence on 5.7.2013)

New South Wales


Contents
Page
Part 1 Preliminary1 Name of Policy 52 Commencement 53 Aims of Policy 54 Interpretation—general 65 Interpretation—references to equivalent land use zones 86 Affordable housing 97 Land to which Policy applies 98 Relationship with other environmental planning instruments 99 Suspension of covenants, agreements and instruments 10

Part 2 New affordable rental housing

Division 1 In-fill affordable housing

10 Development to which Division applies 1111, 12 (Repealed) 11

13 Floor space ratios 1114 Standards that cannot be used to refuse consent 1215 Design requirements 1416 Continued application of SEPP 65 14

16A Character of local area 1417 Must be used for affordable housing for 10 years 1418 Subdivision 15

Division 2 Secondary dwellings

19 Definition 1520 Land to which Division applies 1521 Development to which Division applies 1622 Development may be carried out with consent 16

Historical version for 5.10.2012 to 4.7.2013 (generated on 26.07.2013 at 16:22)

Page


Contents

23 Complying development 1624 No subdivision 19

Division 3 Boarding houses

25 Definition 1926 Land to which Division applies 1927 Development to which Division applies 1928 Development may be carried out with consent 2029 Standards that cannot be used to refuse consent 2030 Standards for boarding houses 21

30A Character of local area 22

Division 4 Supportive accommodation

31 Land to which Division applies 2232 Development to which Division applies 2233 Development may be carried out without consent 22

Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures

34 Land to which Division applies 2335 Development to which Division applies 2336 Development may be carried out with consent 2337 Site compatibility certificates 2438 Must be used for affordable housing for 10 years 2539 Continued application of SEPP 65 26

Division 6 Residential development—Land and Housing Corporation

40 Development may be carried out without consent 2641 Exempt development 28

Division 7 Group homes

42 Definitions 2843 Development in prescribed zones 2944 Exempt development existing group homes 3045 Complying development—group homes 3046 Determination of development applications 31

Part 3 Retention of existing affordable rental housing47 Interpretation 3248 Land to which Part applies 3349 Buildings to which Part applies 3350 Reduction of availability of affordable housing 33


Page


Contents

51 Contributions for affordable housing 34

Part 4 Miscellaneous52 No subdivision of boarding houses 3753 Review of Policy 3754 Savings and transitional provisions 37

54A Savings and transitional provisions—2011 amendment 3755 Repeal 3856 Savings and transitional provisions—site compatibility

amendments 38Schedule 1 Development standards for secondary dwellings 39Schedule 2 Complying development—group homes 50Schedule 3 Amendment of planning instruments 60

NotesTable of amending instruments 64Table of amendments 65


State Environmental Planning Policy (Affordable Rental Housing) 2009Clause 1


under the

Environmental Planning and Assessment Act 1979

Part 1 Preliminary

1 Name of Policy

This Policy is State Environmental Planning Policy (Affordable RentalHousing) 2009.

2 Commencement

(1) Except as provided by subclause (2), this Policy commences on the dayon which it is published on the NSW legislation website.

(2) Schedules 3.2 [2]–[4], 3.3 [2]–[4], 3.4, 3.11 [2]–[4] and 3.14 commenceon the commencement of Schedule 3.1 [6] to the EnvironmentalPlanning and Assessment Amendment Act 2008.

3 Aims of Policy

The aims of this Policy are as follows:(a) to provide a consistent planning regime for the provision of

affordable rental housing,(b) to facilitate the effective delivery of new affordable rental

housing by providing incentives by way of expanded zoningpermissibility, floor space ratio bonuses and non-discretionarydevelopment standards,

(c) to facilitate the retention and mitigate the loss of existingaffordable rental housing,

(d) to employ a balanced approach between obligations for retainingand mitigating the loss of existing affordable rental housing, andincentives for the development of new affordable rental housing,

(e) to facilitate an expanded role for not-for-profit-providers ofaffordable rental housing,

(f) to support local business centres by providing affordable rentalhousing for workers close to places of work,



(g) to facilitate the development of housing for the homeless andother disadvantaged people who may require support services,including group homes and supportive accommodation.

4 Interpretation—general

(1) In this Policy:accessible area means land that is within:(a) 800 metres walking distance of a public entrance to a railway

station or a wharf from which a Sydney Ferries ferry serviceoperates, or

(b) 400 metres walking distance of a public entrance to a light railstation or, in the case of a light rail station with no entrance, 400metres walking distance of a platform of the light rail station, or

(c) 400 metres walking distance of a bus stop used by a regular busservice (within the meaning of the Passenger Transport Act1990) that has at least one bus per hour servicing the bus stopbetween 06.00 and 21.00 each day from Monday to Friday (bothdays inclusive) and between 08.00 and 18.00 on each Saturdayand Sunday.

battle-axe lot means a lot that has access to a road by an access laneway.boarding room means a room or suite of rooms within a boarding houseoccupied or so constructed or adapted as to be capable of beingoccupied by one or more lodgers.consent:(a) when used in relation to the carrying out of development without

consent, means development consent and any other type ofconsent, licence, permission, approval or authorisation that isrequired by or under an environmental planning instrument, and

(b) when used in any other context, means development consent.Note. As a result of paragraph (a) of the definition of consent, development thatthis Policy provides may be carried out without development consent may alsobe carried out without any other consent, licence, permission, approval orauthorisation that would otherwise be required by another environmentalplanning instrument (such as an approval to remove a tree that is subject to atree preservation order).Development that does not require consent under Part 4 of the Act and is not aproject to which Part 3A of the Act applies or exempt development will besubject to the environmental assessment and approval requirements of Part 5of the Act.

development for the purposes of a secondary dwelling—see clause 19.existing maximum floor space ratio means the maximum floor spaceratio permitted on the land under an environmental planning instrumentor development control plan applying to the relevant land, other than


State Environmental Planning Policy (Affordable Rental Housing) 2009 Clause 4

this Policy or State Environmental Planning Policy No 1—DevelopmentStandards.habitable room has the same meaning as in the Building Code ofAustralia.Note. The term is defined as a room used for normal domestic activities, otherthan a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby,clothes drying room or other space of a specialised nature that is not occupiedfrequently or for extended periods.

interim heritage order has the same meaning as in the Heritage Act1977.Land and Housing Corporation means the New South Wales Land andHousing Corporation constituted by the Housing Act 2001.National Rental Affordability Scheme has the same meaning as in theNational Rental Affordability Scheme Act 2008 of the Commonwealth.registered community housing provider has the same meaning as in theHousing Act 2001.site area or site means the area of any land on which development is, oris to be, carried out. The land may include the whole or part of one lot,or more than one lot if they are contiguous to each other, but does notinclude the area of any land on which development is not permitted tobe carried out under this Policy.social housing provider means any of the following:(a) the Department of Human Services,(b) the Land and Housing Corporation,(c) a registered community housing provider,(d) the Aboriginal Housing Office,(e) a registered Aboriginal housing organisation within the meaning

of the Aboriginal Housing Act 1998,(f) a local government authority that provides affordable housing,(g) a not-for-profit organisation that is a direct provider of rental

housing to tenants.standard instrument means the standard instrument set out at the end ofthe Standard Instrument (Local Environmental Plans) Order 2006.State Heritage Register means the State Heritage Register under theHeritage Act 1977.supportive accommodation means the use of an existing building(being a residential flat building or boarding house) for the purposes of:(a) the long term accommodation, in a separate dwelling or boarding

room, of a person (such as former homeless person) who needssupport services to be provided in the building, and



(b) any services in support of such a person, including but not limitedto, medical services, counselling services or education andtraining services,

and it may include the use of part of the building for the purposes ofsupervising, or providing administrative services in respect of, such aperson.Sydney region means the region having that name declared undersection 4 (6) of the Act.Note. The Sydney region means land within the following Local GovernmentAreas:

Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Blue Mountains,Botany, Burwood, Canada Bay, Camden, Campbelltown, Canterbury, Fairfield,Gosford, Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah,Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman,North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde,Strathfield, Sutherland, Sydney, Warringah, Waverley, Willoughby, Wollondilly,Woollahra and Wyong.

the Act means the Environmental Planning and Assessment Act 1979.walking distance means the shortest distance between 2 pointsmeasured along a route that may be safely walked by a pedestrian using,as far as reasonably practicable, public footpaths and pedestriancrossings.

(2) A word or expression used in this Policy (other than Schedule 1 or 2)has the same meaning as it has in the standard instrument (as in forceimmediately before the commencement of the Standard Instrument(Local Environmental Plans) Amendment Order 2011) unless it isotherwise defined in this Policy.

(3) Notes and examples included in this Policy do not form part of thisPolicy.

5 Interpretation—references to equivalent land use zones

(1) A reference in this Policy to a land use zone that is equivalent to anamed land use zone is a reference to a land use zone under anenvironmental planning instrument that is not made as provided bysection 33A (2) of the Act:(a) that the Director-General has determined under clause 1.6 of

State Environmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008 is a land use zone in which equivalentland uses are permitted to those permitted in that named land usezone, or

(b) if no such determination has been made in respect of theparticular zone, is a land use zone in which (in the opinion of therelevant authority) equivalent land uses are permitted to thosepermitted in that named land use zone.



(2) An assessment made by a relevant authority under subclause (1) (b)applies only in respect of the particular development that is proposed tobe carried out and more than one such assessment may be made inrespect of the same land use zone.

(3) In this clause, relevant authority means:(a) the public authority proposing to carry out the development, or on

whose behalf the development is proposed to be carried out, or(b) if the development is to be carried out by or on behalf of a person

other than a public authority, the consent authority.Note. Land use zones that are named in this Policy are those set out in thestandard instrument.

6 Affordable housingNote. The Act defines affordable housing as follows:affordable housing means housing for very low income households, lowincome households or moderate income households, being such households asare prescribed by the regulations or as are provided for in an environmentalplanning instrument.

(1) In this Policy, a household is taken to be a very low income household,low income household or moderate income household if the household:(a) has a gross income that is less than 120 per cent of the median

household income for the time being for the Sydney StatisticalDivision (according to the Australian Bureau of Statistics) andpays no more than 30 per cent of that gross income in rent, or

(b) is eligible to occupy rental accommodation under the NationalRental Affordability Scheme and pays no more rent than thatwhich would be charged if the household were to occupy rentalaccommodation under that scheme.

(2) In this Policy, residential development is taken to be for the purposes ofaffordable housing if the development is on land owned by the Land andHousing Corporation.

7 Land to which Policy applies

This Policy applies to the State.

8 Relationship with other environmental planning instruments

If there is an inconsistency between this Policy and any otherenvironmental planning instrument, whether made before or after thecommencement of this Policy, this Policy prevails to the extent of theinconsistency.



9 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land in any zone to becarried out in accordance with this Policy or with a developmentconsent granted under the Act, any agreement, covenant or other similarinstrument that restricts the carrying out of that development does notapply to the extent necessary to serve that purpose.

(2) This clause does not apply:(a) to a covenant imposed by the Council or that the Council requires

to be imposed, or(b) to any prescribed instrument within the meaning of section 183A

of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the

National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature

Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native

Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of

the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 6 of

Part 4 of the Act.

(3) This clause does not affect the rights or interests of any public authorityunder any registered instrument.

(4) Under section 28 of the Act, the Governor, before the making of thisclause, approved of subclauses (1)–(3).



Part 2 New affordable rental housing

Division 1 In-fill affordable housing

10 Development to which Division applies

(1) This Division applies to development for the purposes of dualoccupancies, multi dwelling housing or residential flat buildings if:(a) the development concerned is permitted with consent under

another environmental planning instrument, and(b) the development is on land that does not contain a heritage item

that is identified in an environmental planning instrument, or aninterim heritage order or on the State Heritage Register under theHeritage Act 1977.

(2) Despite subclause (1), this Division does not apply to development onland in the Sydney region unless all or part of the development is withinan accessible area.

(3) Despite subclause (1), this Division does not apply to development onland that is not in the Sydney region unless all or part of thedevelopment is within 400 metres walking distance of land within ZoneB2 Local Centre or Zone B4 Mixed Use, or within a land use zone thatis equivalent to any of those zones.

11, 12 (Repealed)

13 Floor space ratios

(1) This clause applies to development to which this Division applies if thepercentage of the gross floor area of the development that is to be usedfor the purposes of affordable housing is at least 20 per cent.

(2) The maximum floor space ratio for the development to which thisclause applies is the existing maximum floor space ratio for any form ofresidential accommodation permitted on the land on which thedevelopment is to occur, plus:(a) if the existing maximum floor space ratio is 2.5:1 or less:

(i) 0.5:1—if the percentage of the gross floor area of thedevelopment that is used for affordable housing is 50 percent or higher, or

(ii) Y:1—if the percentage of the gross floor area of thedevelopment that is used for affordable housing is less than50 per cent,where:



AH is the percentage of the gross floor area of thedevelopment that is used for affordable housing.Y = AH 100

or(b) if the existing maximum floor space ratio is greater than 2.5:1:

(i) 20 per cent of the existing maximum floor space ratio—ifthe percentage of the gross floor area of the developmentthat is used for affordable housing is 50 per cent or higher,or

(ii) Z per cent of the existing maximum floor space ratio—ifthe percentage of the gross floor area of the developmentthat is used for affordable housing is less than 50 per cent,where:AH is the percentage of the gross floor area of thedevelopment that is used for affordable housing.Z = AH 2.5

(3) In this clause, gross floor area does not include any car parking(including any area used for car parking).Note. Other areas are also excluded from the gross floor area, see the definitionof gross floor area contained in the standard instrument under the StandardInstrument (Local Environmental Plans) Order 2006.

14 Standards that cannot be used to refuse consent

(1) Site and solar access requirements

A consent authority must not refuse consent to development to whichthis Division applies on any of the following grounds:(a) (Repealed)(b) site area

if the site area on which it is proposed to carry out thedevelopment is at least 450 square metres,

(c) landscaped area

if:(i) in the case of a development application made by a social

housing provider—at least 35 square metres of landscapedarea per dwelling is provided, or

(ii) in any other case—at least 30 per cent of the site area is tobe landscaped,

(d) deep soil zones

if, in relation to that part of the site area (being the site, not onlyof that particular development, but also of any other associated



development to which this Policy applies) that is not built on,paved or otherwise sealed:(i) there is soil of a sufficient depth to support the growth of

trees and shrubs on an area of not less than 15 per cent ofthe site area (the deep soil zone), and

(ii) each area forming part of the deep soil zone has aminimum dimension of 3 metres, and

(iii) if practicable, at least two-thirds of the deep soil zone islocated at the rear of the site area,

(e) solar access

if living rooms and private open spaces for a minimum of 70 percent of the dwellings of the development receive a minimum of 3hours direct sunlight between 9am and 3pm in mid-winter.

(2) General

A consent authority must not refuse consent to development to whichthis Division applies on any of the following grounds:(a) parking

if:(i) in the case of a development application made by a social

housing provider for development on land in an accessiblearea—at least 0.4 parking spaces are provided for eachdwelling containing 1 bedroom, at least 0.5 parking spacesare provided for each dwelling containing 2 bedrooms andat least 1 parking space is provided for each dwellingcontaining 3 or more bedrooms, or

(ii) in any other case—at least 0.5 parking spaces are providedfor each dwelling containing 1 bedroom, at least 1 parkingspace is provided for each dwelling containing 2 bedroomsand at least 1.5 parking spaces are provided for eachdwelling containing 3 or more bedrooms,

(b) dwelling size

if each dwelling has a gross floor area of at least:(i) 35 square metres in the case of a bedsitter or studio, or

(ii) 50 square metres in the case of a dwelling having 1bedroom, or

(iii) 70 square metres in the case of a dwelling having 2bedrooms, or

(iv) 95 square metres in the case of a dwelling having 3 or morebedrooms.



(3) A consent authority may consent to development to which this Divisionapplies whether or not the development complies with the standards setout in subclause (1) or (2).

15 Design requirements

(1) A consent authority must not consent to development to which thisDivision applies unless it has taken into consideration the provisions ofthe Seniors Living Policy: Urban Design Guidelines for InfillDevelopment published by the Department of Infrastructure, Planningand Natural Resources in March 2004, to the extent that thoseprovisions are consistent with this Policy.

(2) This clause does not apply to development for the purposes of aresidential flat building if State Environmental Planning Policy No 65—Design Quality of Residential Flat Development applies to thedevelopment.

16 Continued application of SEPP 65

Nothing in this Policy affects the application of State EnvironmentalPlanning Policy No 65—Design Quality of Residential FlatDevelopment to any development to which this Division applies.

16A Character of local area

A consent authority must not consent to development to which thisDivision applies unless it has taken into consideration whether thedesign of the development is compatible with the character of the localarea.

17 Must be used for affordable housing for 10 years

(1) A consent authority must not consent to development to which thisDivision applies unless conditions are imposed by the consent authorityto the effect that:(a) for 10 years from the date of the issue of the occupation

certificate:(i) the dwellings proposed to be used for the purposes of

affordable housing will be used for the purposes ofaffordable housing, and

(ii) all accommodation that is used for affordable housing willbe managed by a registered community housing provider,and

(b) a restriction will be registered, before the date of the issue of theoccupation certificate, against the title of the property on whichdevelopment is to be carried out, in accordance with section 88E



of the Conveyancing Act 1919, that will ensure that therequirements of paragraph (a) are met.

(2) Subclause (1) does not apply to development on land owned by theLand and Housing Corporation or to a development application madeby, or on behalf of, a public authority.

18 Subdivision

Land on which development has been carried out under this Divisionmay be subdivided with the consent of the consent authority.

Division 2 Secondary dwellings

19 Definition

In this Division:development for the purposes of a secondary dwelling includes thefollowing:(a) the erection of, or alterations or additions to, a secondary

dwelling,(b) alterations or additions to a principal dwelling for the purposes of

a secondary dwelling.Note. The standard instrument defines secondary dwelling as follows:secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principaldwelling), and

(b) is on the same lot of land (not being an individual lot in a strata plan orcommunity title scheme) as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principaldwelling.

20 Land to which Division applies

This Division applies to land within any of the following land use zonesor within a land use zone that is equivalent to any of those zones, butonly if development for the purposes of a dwelling house is permissibleon the land:(a) Zone R1 General Residential,(b) Zone R2 Low Density Residential,(c) Zone R3 Medium Density Residential,(d) Zone R4 High Density Residential,(e) Zone R5 Large Lot Residential.




This Division applies to development, on land to which this Divisionapplies, for the purposes of a secondary dwelling.

22 Development may be carried out with consent

(1) Development to which this Division applies may be carried out withconsent.

(2) A consent authority must not consent to development to which thisDivision applies if there is on the land, or if the development wouldresult in there being on the land, any dwelling other than the principaldwelling and the secondary dwelling.

(3) A consent authority must not consent to development to which thisDivision applies unless:(a) the total floor area of the principal dwelling and the secondary

dwelling is no more than the maximum floor area allowed for adwelling house on the land under another environmentalplanning instrument, and

(b) the total floor area of the secondary dwelling is no more than 60square metres or, if a greater floor area is permitted in respect ofa secondary dwelling on the land under another environmentalplanning instrument, that greater floor area.

(4) A consent authority must not refuse consent to development to whichthis Division applies on either of the following grounds:(a) site area

if:(i) the secondary dwelling is located within, or is attached to,

the principal dwelling, or(ii) the site area is at least 450 square metres,

(b) parking

if no additional parking is to be provided on the site.

(5) A consent authority may consent to development to which this Divisionapplies whether or not the development complies with the standards setout in subclause (4).

23 Complying development

(1) Development for the purposes of a secondary dwelling (other thandevelopment referred to in subclause (2)) is complying development ifthe development:



(a) General requirements

meets the general requirements for complying development setout in clauses 1.17A (1) and 1.18 (1) and (2) of StateEnvironmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008, and

(b) Land-based requirements

is on a lot that does not include any land referred to in clause 1.19(1), (3) and (6) of that Policy, and

(c) Specified development

is on land in Zone R1, R2, R3 or R4 or a land use zone that isequivalent to any of those zones, and

(d) is on a lot that has an area of at least 450 square metres, and(e) does not involve the erection of a basement or alterations or

addition to an existing basement, and(f) does not involve the erection of a roof terrace on the topmost roof

of a building or alterations or addition to any such existingterrace, and

(g) Development standards

satisfies the development standards set out in Schedule 1.

(2) Development for the purposes of a secondary dwelling that is locatedentirely within an existing dwelling house is complying development ifthe development:(a) General requirements

meets the relevant provisions of the Building Code of Australia,and

(b) Land-based requirements

is on a lot that does not include any:(i) land that is an environmentally sensitive area within the

meaning of State Environmental Planning Policy (Exemptand Complying Development Codes) 2008, or

(ii) land that comprises, or on which there is, a heritage item ora draft heritage item within the meaning of that Policy, and

(c) Specified development

is on land in Zone R1, R2, R3 or R4 or a land use zone that isequivalent to any of those zones, and

(d) involves no external alterations to the principal dwelling otherthan the provision of an additional entrance, and



(e) does not involve the erection of a basement or alterations oraddition to an existing basement, and

(f) does not involve the erection of a roof terrace on the topmost roofof a building or alterations or addition to any such existingterrace, and

(g) Development standards

will not result in there being on the land, any dwelling other thanthe principal dwelling and the secondary dwelling, and

(h) will not result in the floor area of the secondary dwelling beingmore than 60 square metres or, if a greater floor area is permittedin respect of a secondary dwelling on the land under anotherenvironmental planning instrument, being more than that greaterfloor area.

(2A) Development under subclauses (1) and (2) must also satisfy therequirements for complying development specified in clauses 3.36Band 3.36C of State Environmental Planning Policy (Exempt andComplying Development Codes) 2008.

(3) If a secondary dwelling is to be built at the same time as a principaldwelling, the building of both dwellings and any ancillary developmenton the lot may be carried out as a single complying development if:(a) the building of the secondary dwelling can be carried out as

complying development under this Division, and(b) the building of the principal dwelling and any ancillary

development can be carried out as complying development underState Environmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008.

(4) In determining whether a principal dwelling (when built at the sametime as a secondary dwelling) can be carried out as complyingdevelopment under State Environmental Planning Policy (Exempt andComplying Development Codes) 2008, the secondary dwelling is not tobe taken into account.Note. This means that the principal dwelling would be considered to be adwelling house (a building containing only one dwelling) for the purposes of thatPolicy even if the secondary dwelling were within it or attached to it.

(5) A complying development certificate for development that iscomplying development under this Division is subject to the conditionsspecified in Division 3 of Part 3 of State Environmental Planning Policy(Exempt and Complying Development Codes) 2008 except that thereference in clause 3.44 (1) of that Policy to a dwelling house is takento be a reference to a principal dwelling or a secondary dwelling.



Note. Principal and secondary dwellings will be classified as class 1a or class2 under the Building Code of Australia depending on the configuration of thosedwellings.

24 No subdivision

A consent authority must not consent to a development application thatwould result in any subdivision of a lot on which development for thepurposes of a secondary dwelling has been carried out under thisDivision.

Division 3 Boarding houses

25 Definition

In this Division:communal living room means a room within a boarding house or on sitethat is available to all lodgers for recreational purposes, such as a loungeroom, dining room, recreation room or games room.


This Division applies to land within any of the following land use zonesor within a land use zone that is equivalent to any of those zones:(a) Zone R1 General Residential,(b) Zone R2 Low Density Residential,(c) Zone R3 Medium Density Residential,(d) Zone R4 High Density Residential,(e) Zone B1 Neighbourhood Centre,(f) Zone B2 Local Centre,(g) Zone B4 Mixed Use.


(1) This Division applies to development, on land to which this Divisionapplies, for the purposes of boarding houses.

(2) Despite subclause (1), this Division does not apply to development onland within Zone R2 Low Density Residential or within a land use zonethat is equivalent to that zone in the Sydney region unless the land iswithin an accessible area.

(3) Despite subclause (1), this Division does not apply to development onland within Zone R2 Low Density Residential or within a land use zonethat is equivalent to that zone that is not in the Sydney region unless allor part of the development is within 400 metres walking distance of land



within Zone B2 Local Centre or Zone B4 Mixed Use or within a landuse zone that is equivalent to any of those zones.


Development to which this Division applies may be carried out withconsent.

29 Standards that cannot be used to refuse consent

(1) A consent authority must not refuse consent to development to whichthis Division applies on the grounds of density or scale if the density andscale of the buildings when expressed as a floor space ratio are not morethan:(a) the existing maximum floor space ratio for any form of

residential accommodation permitted on the land, or(b) if the development is on land within a zone in which no

residential accommodation is permitted—the existing maximumfloor space ratio for any form of development permitted on theland, or

(c) if the development is on land within a zone in which residentialflat buildings are permitted and the land does not contain aheritage item that is identified in an environmental planninginstrument or an interim heritage order or on the State HeritageRegister—the existing maximum floor space ratio for any formof residential accommodation permitted on the land, plus:(i) 0.5:1, if the existing maximum floor space ratio is 2.5:1 or

less, or(ii) 20% of the existing maximum floor space ratio, if the

existing maximum floor space ratio is greater than 2.5:1.

(2) A consent authority must not refuse consent to development to whichthis Division applies on any of the following grounds:(a) building height

if the building height of all proposed buildings is not more thanthe maximum building height permitted under anotherenvironmental planning instrument for any building on the land,

(b) landscaped area

if the landscape treatment of the front setback area is compatiblewith the streetscape in which the building is located,

(c) solar access

where the development provides for one or more communalliving rooms, if at least one of those rooms receives a minimumof 3 hours direct sunlight between 9am and 3pm in mid-winter,



(d) private open space

if at least the following private open space areas are provided(other than the front setback area):(i) one area of at least 20 square metres with a minimum

dimension of 3 metres is provided for the use of thelodgers,

(ii) if accommodation is provided on site for a boarding housemanager—one area of at least 8 square metres with aminimum dimension of 2.5 metres is provided adjacent tothat accommodation,

(e) parking

if:(i) in the case of development in an accessible area—at least

0.2 parking spaces are provided for each boarding room,and

(ii) in the case of development not in an accessible area—atleast 0.4 parking spaces are provided for each boardingroom, and

(iii) in the case of any development—not more than 1 parkingspace is provided for each person employed in connectionwith the development and who is resident on site,

(f) accommodation size

if each boarding room has a gross floor area (excluding any areaused for the purposes of private kitchen or bathroom facilities) ofat least:(i) 12 square metres in the case of a boarding room intended

to be used by a single lodger, or(ii) 16 square metres in any other case.

(3) A boarding house may have private kitchen or bathroom facilities ineach boarding room but is not required to have those facilities in anyboarding room.

(4) A consent authority may consent to development to which this Divisionapplies whether or not the development complies with the standards setout in subclause (1) or (2).

30 Standards for boarding houses

(1) A consent authority must not consent to development to which thisDivision applies unless it is satisfied of each of the following:(a) if a boarding house has 5 or more boarding rooms, at least one

communal living room will be provided,


State Environmental Planning Policy (Affordable Rental Housing) 2009Clause 30A

(b) no boarding room will have a gross floor area (excluding any areaused for the purposes of private kitchen or bathroom facilities) ofmore than 25 square metres,

(c) no boarding room will be occupied by more than 2 adult lodgers,(d) adequate bathroom and kitchen facilities will be available within

the boarding house for the use of each lodger,(e) if the boarding house has capacity to accommodate 20 or more

lodgers, a boarding room or on site dwelling will be provided fora boarding house manager,

(f) (Repealed)(g) if the boarding house is on land zoned primarily for commercial

purposes, no part of the ground floor of the boarding house thatfronts a street will be used for residential purposes unless anotherenvironmental planning instrument permits such a use,

(h) at least one parking space will be provided for a bicycle, and onewill be provided for a motorcycle, for every 5 boarding rooms.

(2) Subclause (1) does not apply to development for the purposes of minoralterations or additions to an existing boarding house.

30A Character of local area

A consent authority must not consent to development to which thisDivision applies unless it has taken into consideration whether thedesign of the development is compatible with the character of the localarea.

Division 4 Supportive accommodation


This Division applies to land on which development for the purposes ofa residential flat building or boarding house is permissible under this orany other environmental planning instrument.


This Division applies to development, on land to which this Divisionapplies, for the purposes of supportive accommodation.

33 Development may be carried out without consent

Development to which this Division applies may be carried out withoutconsent but only if the development does not involve the erection oralteration of, or addition to, a building.



Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures


This Division applies to the following land, but not if development forthe purposes of a residential flat building is permissible on the landunder another environmental planning instrument:(a) land in the Sydney region that is within 800 metres of:

(i) a public entrance to a railway station or light rail station, or(ii) in the case of a light rail station with no entrance—a

platform of the light rail station,(b) land in one of the following towns that is within 400 metres of

land in Zone B3 Commercial Core, Zone B4 Mixed Use or a landuse zone that is equivalent to either of those zones:Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral,Cessnock, Charlestown, Coffs Harbour, Dapto, Dubbo,Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore,Maitland, Morisset, Newcastle, Nowra, Orange, Port Macquarie,Queanbeyan, Raymond Terrace, Shellharbour, Tamworth, Taree,Tuggerah–Wyong, Tweed Heads, Wagga Wagga, Warrawong,Wollongong.


(1) This Division applies to development, on land to which this Divisionapplies, for the purposes of a residential flat building:(a) by or on behalf of a public authority or social housing provider, or(b) by a person who is undertaking the development with the Land

and Housing Corporation.

(2) Despite subclause (1), this Division does not apply to development towhich Division 1 applies.


(1) Development to which this Division applies may be carried out withconsent.

(2) A consent authority must not consent to development to which thisDivision applies unless it is satisfied that:(a) the Director-General has certified in a site compatibility

certificate that, in the Director-General’s opinion, thedevelopment is compatible with the surrounding land uses, and

(b) if the development is in respect of a building on land zonedprimarily for commercial purposes, no part of the ground floor of



the building that fronts a street will be used for residentialpurposes unless another environmental planning instrumentpermits such a use.

(3) Nothing in this clause prevents a consent authority from:(a) consenting to development on a site by reference to site and

design features that are more stringent than those identified in asite compatibility certificate for the same site, or

(b) refusing consent to development by reference to the consentauthority’s own assessment of the compatibility of thedevelopment with the surrounding land uses, or

(c) having regard to any other matter in determining a developmentapplication.

(3A) (Repealed)

(4) Car parking is not required to be provided in relation to development towhich this Division applies.

37 Site compatibility certificates

(1) An application for a site compatibility certificate under this Divisionmay be made to the Director-General:(a) by the owner of the land on which the development is proposed

to be carried out, or(b) by any other person with the consent of the owner of that land.

(2) An application under this clause:(a) must be in writing in a form approved by the Director-General,

and(b) must be accompanied by such documents and information as the

Director-General may require, and(c) must be accompanied by such fee, if any, as is prescribed by the

regulations.

(3) The Director-General may request further documents and informationto be furnished in connection with an application under this clause.

(4) Within 7 days after the application is made, the Director-General mustprovide a copy of the application to the council for the area in which thedevelopment concerned is proposed to be carried out, unless theDirector-General refuses, before those 7 days have elapsed, to issue acertificate.

(5) The Director-General may determine the application by issuing acertificate or refusing to do so.



(6) The Director-General must not issue a certificate unless theDirector-General:(a) has taken into account any comments received from the council

within 14 days after the application for the certificate was made,and

(b) is of the opinion that the development concerned is compatiblewith the surrounding land uses having regard to the followingmatters:(i) the existing uses and approved uses of land in the vicinity

of the development,(ii) the impact that the development (including its bulk and

scale) is likely to have on the existing uses, approved usesand uses that, in the opinion of the Director-General, arelikely to be the preferred future uses of that land,

(iii) the services and infrastructure that are or will be availableto meet the demands arising from the development, and

(c) is of the opinion that the development concerned is not likely tohave an adverse effect on the environment and does not cause anyunacceptable environmental risks to the land.

(7) A certificate may certify that the development to which it relates iscompatible with the surrounding land uses only if it satisfies certainrequirements specified in the certificate.

(8) A certificate continues to apply to the land in respect of which it wasissued despite any change in the ownership of that land.

(9) A certificate is valid for 5 years or such other period specified in thecertificate.

38 Must be used for affordable housing for 10 years

(1) A consent authority must not consent to development to which thisDivision applies unless conditions are imposed by the consent authorityto the effect that:(a) for 10 years from the date of the issue of the occupation

certificate:(i) at least 50 per cent of the accommodation to which the

development application relates will be used for thepurposes of affordable housing, and

(ii) all the accommodation that is used for affordable housingwill be managed by a registered community housingprovider, and

(b) a restriction will be registered, before the date of the issue of theoccupation certificate, against the title of the property on which



development is to be carried out, in accordance with section 88Eof the Conveyancing Act 1919, that will ensure that for 10 yearsfrom the date of the issue of the occupation certificate:(i) at least 50 per cent of the accommodation to which the

development application relates will be used for thepurposes of affordable housing, and

(ii) all the accommodation that is used for affordable housingwill be managed by a registered community housingprovider.

(2) Subclause (1) does not apply to development on land owned by theLand and Housing Corporation or to a development application madeby, or on behalf of, a public authority.

39 Continued application of SEPP 65

Nothing in this Policy affects the application of State EnvironmentalPlanning Policy No 65—Design Quality of Residential FlatDevelopment to any development to which this Division applies.

Division 6 Residential development—Land and Housing Corporation

40 Development may be carried out without consent

(1) This clause applies to development for any of the following purposeswhere that development may be carried out with consent:(a) residential development, if any building will have a height of 8.5

metres or less and the development will result in 20 dwellings orless on a single site and the provision of not less than thefollowing parking spaces:(i) for development on land in an accessible area—0.4

parking spaces for each dwelling containing 1 bedroom,0.5 parking spaces for each dwelling containing 2bedrooms and 1 parking space for each dwellingcontaining 3 or more bedrooms, or

(ii) for development that is not in an accessible area—0.5parking spaces for each dwelling containing 1 bedroom, 1parking space for each dwelling containing 2 bedroomsand 1.5 parking spaces for each dwelling containing 3 ormore bedrooms,

(b) demolition of dwellings and associated structures, but not if thedwelling or structure is on land that:



(i) contains a heritage item that is identified in anenvironmental planning instrument or an interim heritageorder or on the State Heritage Register, or

(ii) is identified in an environmental planning instrument asbeing within a heritage conservation area,

(c) subdivision of land and subdivision works.

(2) This clause does not apply to:(a) development to which Division 5 applies, or(b) development that is exempt or complying development under

State Environmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008, or

(c) development that is part of a project, or part of a stage of aproject, that the Minister has determined under section 75P of theAct to be subject to Part 4 of the Act.

(3) Development to which this clause applies may be carried out by or onbehalf of the Land and Housing Corporation without developmentconsent.

(4) Before carrying out development to which this clause applies for apurpose referred to in subclause (1) (a), the Land and HousingCorporation must:

(aa) before or after giving written notice to the council for the areaunder this subclause, request the council to nominate any otherpersons who should, in the council’s opinion, be notified of thedevelopment, and

(a) give written notice of the intention to carry out the developmentto the council for the area in which the land is located, to anyother person nominated for that purpose by that council and to theoccupiers of adjoining land, and

(b) take into account any response to the notice that is receivedwithin 21 days after the notice is given, and

(c) take into account the Seniors Living Policy: Urban DesignGuidelines for Infill Development (ISBN 0 7347 5446 9)published by the Department of Infrastructure, Planning andNatural Resources in March 2004, to the extent that it is notinconsistent with this Policy.

(5) Clauses 16 and 17 of State Environmental Planning Policy(Infrastructure) 2007 apply in respect of development for a purposereferred to in subclause (1) (a) and, in the application of those clauses,any reference in those clauses to:(a) that Policy is taken to be a reference to this clause, and



(b) a public authority is taken to be a reference to the Land andHousing Corporation.

41 Exempt development

Development for the following purposes is exempt development if it iscarried out by or on behalf of the Land and Housing Corporation inrelation to housing:(a) repairs and maintenance work,(b) non-structural renovations and building alterations,(c) landscaping and gardening.

Division 7 Group homes

42 Definitions

(1) In this Division:group home means a permanent group home or a transitional grouphome.permanent group home means a dwelling:(a) that is occupied by persons as a single household with or without

paid supervision or care and whether or not those persons arerelated or payment for board and lodging is required, and

(b) that is used to provide permanent household accommodation forpeople with a disability or people who are sociallydisadvantaged,

but does not include development to which State EnvironmentalPlanning Policy (Housing for Seniors or People with a Disability) 2004applies.prescribed zone means:(a) any of the following land use zones or a land use zone that is

equivalent to any of those zones:(i) Zone R1 General Residential,

(ii) Zone R2 Low Density Residential,(iii) Zone R3 Medium Density Residential,(iv) Zone R4 High Density Residential,(v) Zone B4 Mixed Use,

(vi) Zone SP1 Special Activities,(vii) Zone SP2 Infrastructure, and

(b) any other zone in which development for the purpose ofdwellings, dwelling houses or multi dwelling housing may be



carried out with or without consent under an environmentalplanning instrument.

transitional group home means a dwelling:(a) that is occupied by persons as single household with or without

paid supervision or care and whether or not those persons arerelated or payment for board and lodging is required, and

(b) that is used to provide temporary accommodation for the relief orrehabilitation of people with a disability or for drug or alcoholrehabilitation purposes, or that is used to provide half-wayaccommodation for persons formerly living in institutions ortemporary accommodation comprising refuges for men, womenor young people,

but does not include development to which State EnvironmentalPlanning Policy (Housing for Seniors or People with a Disability) 2004applies.

(2) In this clause:(a) a reference to people with a disability is a reference to people of

any age who, as a result of having an intellectual, psychiatric,sensory, physical or similar impairment, or a combination of suchimpairments, either permanently or for an extended period, havesubstantially limited opportunities to enjoy full and active lives,and

(b) a reference to people who are socially disadvantaged is areference to:(i) people who are disadvantaged because of their alcohol or

drug dependence, extreme poverty, psychological disorderor other similar disadvantage, or

(ii) people who require protection because of domesticviolence or upheaval.

43 Development in prescribed zones

(1) Development for the purpose of a permanent group home or atransitional group home on land in a prescribed zone may be carried out:(a) without consent if the development does not result in more than

10 bedrooms being within one or more group homes on a site andthe development is carried out by or on behalf of a publicauthority, or

(b) with consent in any other case.

(2) Division 1 of Part 2 of State Environmental Planning Policy(Infrastructure) 2007 applies in respect of development carried out byor on behalf of a public authority under subclause (1) and, in the



application of that Division, any reference in that Division to that Policyis taken to be a reference to this clause.

44 Exempt development existing group homes

(1) Development for a purpose specified in Schedule 1 to StateEnvironmental Planning Policy (Infrastructure) 2007 that is carried outwithin the boundaries of an existing group home, by or on behalf of apublic authority, is exempt development if:(a) it meets the development standards for the development specified

in that Schedule (as modified by subclause (2)), and(b) it complies with the requirements of clause 20 (2) of that Policy.

(2) For the purposes of this clause, the development standards set out inSchedule 1 to that Policy with respect to carports associated with anexisting building are taken to be modified as follows:(a) the maximum surface area for such a carport is taken to be 30

square metres,(b) the maximum height for such a carport is taken to be 3 metres

above ground level (existing),(c) any such carport may be located up to 1 metre forward of a front

building setback.

45 Complying development—group homes

(1) Development for the purposes of a group home is complyingdevelopment if:(a) the development does not result in more than 10 bedrooms being

within one or more group homes on a site, and(b) the development satisfies the requirements for complying

development specified in clauses 1.18 and 1.19 of StateEnvironmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008 (other than clauses 1.18 (1) (h) and1.19 (6) (b) and the requirement that the development not be in adraft heritage conservation area).

Note. Development specified as complying development under this clause maynot be undertaken as complying development if the development is on bush fireprone land—see section 100B of the Rural Fires Act 1997.

(1A) Development under subclause (1) must also satisfy the requirements forcomplying development specified in clause 3.36B of StateEnvironmental Planning Policy (Exempt and Complying DevelopmentCodes) 2008.

(2) The development standards for complying development under thisclause are set out in Schedule 2.



(3) A complying development certificate is taken to satisfy any requirementof an environmental planning instrument or tree preservation order fora consent, permit or approval to remove a tree, or other vegetation,under 4 metres in height if the complying development cannot becarried out without the removal of the tree or other vegetation.

(4) A complying development certificate for development that iscomplying development under this clause is subject to the conditionsspecified in Division 3 of Part 3 of State Environmental Planning Policy(Exempt and Complying Development Codes) 2008 except that thereference in clause 3.44 (1) of that Policy to a dwelling house is takento be a reference to a group home.

46 Determination of development applications

(1) A consent authority must not:(a) refuse consent to development for the purpose of a group home

unless the consent authority has made an assessment of thecommunity need for the group home, or

(b) impose a condition on any consent granted for a group home onlyfor the reason that the development is for the purpose of a grouphome.

(2) This clause applies to development for the purpose of a group home thatis permissible with consent under this or any other environmentalplanning instrument.



Part 3 Retention of existing affordable rental housing

47 Interpretation

(1) In this Part:comparable accommodation means accommodation that is comparablewith the accommodation provided within the premises the subject of adevelopment application to which this Part applies in that:(a) it is similar in location because it is in the same or a neighbouring

suburb, and(b) it is at the same rental level, or is not more than 5 per cent higher

than that level, and(c) it is available for occupation at the date of lodgment of the

development application, and(d) in the case of residential flat buildings, comprises dwellings with

the same number of bedrooms as the dwellings in the premisesthe subject of the development application.

guidelines means the Guidelines for the Retention of ExistingAffordable Rental Housing, approved by the Director-General andpublished in the Gazette.low-rental dwelling means a dwelling that (at any time in the 24 monthperiod prior to the lodgment of a development application to which thisPart applies) was let at a rental not exceeding the median rental level forthat time (as specified in the Rent and Sales Report) in relation to adwelling of the same type, having the same number of bedrooms andlocated in the same local government area.low-rental residential building means a building used as a residentialflat building containing a low-rental dwelling or as a boarding houseand includes a building:(a) that, at the time of lodgment of a development application to

which this Part applies, is lawfully used as a residential flatbuilding containing a low-rental dwelling or as a boarding house,irrespective of the purpose for which the building may have beenerected, or

(b) that was used as a residential flat building containing a low-rentaldwelling or as a boarding house but that use has been changedunlawfully to another use, or

(c) that is vacant, but the last significant use of which was as aresidential flat building containing a low-rental dwelling or as aboarding house.



Rent and Sales Report means the Rent and Sales Report published bythe Department of Human Services or a publication issued in place ofthat publication by or on behalf of the Government.

(2) In this Part, a very low income household, low income household ormoderate income household is taken to include a household thatoccupies a low-rental dwelling or a boarding room in a boarding house.

48 Land to which Part applies

This Part applies to land within the Sydney region and land within thelocal government area of Newcastle or Wollongong City.

49 Buildings to which Part applies

(1) This Part applies only to those buildings that were low-rental residentialbuildings as at 28 January 2000, and does not apply to any building thatbecomes a low-rental residential building after that date.

(2) This Part does not apply to a building:(a) that has been approved for subdivision under the Strata Schemes

(Freehold Development) Act 1973, or(b) to which State Environmental Planning Policy (Housing for

Seniors or People with a Disability) 2004 applies, or(c) owned by, or under the care, control and management of, a social

housing provider.

50 Reduction of availability of affordable housing

(1) A person must not do any of the following in relation to a building towhich this Part applies except with development consent:(a) demolish the building,(b) alter or add to the structure or fabric of the inside or outside of the

building,(c) change the use of the building to another use (including, in

particular, a change of use to backpackers accommodation),(d) if the building is a residential flat building, strata subdivide the

building.

(2) In determining a development application referred to in subclause (1),the consent authority is to take into account the guidelines and each ofthe following:(a) whether there is likely to be a reduction in affordable housing on

the land to which the application relates,(b) whether there is available sufficient comparable accommodation

to satisfy the demand for such accommodation,



(c) whether the development is likely to cause adverse social andeconomic effects on the general community,

(d) whether adequate arrangements have been made to assist theresidents (if any) of the building likely to be displaced to findalternative comparable accommodation,

(e) the extent to which the development contributes to anycumulative loss of affordable housing in the local governmentarea,

(f) the structural soundness of the building, the extent to which thebuilding complies with any relevant fire safety requirements andthe estimated cost of carrying out work necessary to ensure thestructural soundness of the building and the compliance of thebuilding with the fire safety requirements,

(g) whether the imposition of a condition requiring the payment of amonetary contribution for the purposes of affordable housingwould adequately mitigate the reduction of affordable housingresulting from the development,

(h) in the case of a boarding house, the financial viability of thecontinued use of the boarding house.

(3) For the purposes of subclause (2) (b), sufficient comparableaccommodation is conclusively taken to be not available if the averagevacancy rate in private rental accommodation for Sydney as publishedmonthly by the Real Estate Institute of New South Wales is, for the 3months immediately preceding the date of lodgment of the developmentapplication, less than 3 per cent.

(4) For the purposes of subclause (2) (h), the continued use of a boardinghouse is financially viable if the rental yield of the boarding housedetermined under clause 51 (5) not less than 6 per cent.

51 Contributions for affordable housing

(1) For the purposes of section 94F (1) of the Act, this Policy identifies aneed for affordable housing on land within the Sydney region and onland within the local government area of Newcastle or WollongongCity.

(2) For the purposes of section 94F (3) (b) of the Act, this Policy authorisesa condition to be imposed under section 94F of the Act if:(a) the consent authority, when determining a development

application referred to in clause 50 (1), is satisfied that theproposed development will or is likely to reduce the availabilityof affordable housing within the area, and



(b) the condition is imposed in accordance with the scheme fordedications or contributions set out in subclauses (3) and (4).

(3) If a condition is to be imposed under this clause, the amount of thecontribution is to be calculated in accordance with the followingformula:

where:C is the contribution payable.L is the total number of bedrooms in a low-rental dwelling and boardingrooms that will be lost by the proposed development.R is the replacement cost calculated as the average value of the firstquartile of sales of strata properties in the local government area inwhich the development is to take place, as specified in the 4 most recenteditions of the Rent and Sales Report.

(4) Despite subclause (3), where the development application relates to aboarding house that the consent authority has assessed as not beingfinancially viable:(a) if the rental yield is 3 per cent or less, no contribution can be

sought, and(b) if the rental yield is more than 3 per cent and less than 6 per cent,

the contribution payable is to be reduced by being calculated inaccordance with the following formula:

where:C is the contribution payable.X is the contribution that would be payable under subclause (3).RY is the rental yield.

(5) In this clause:rental yield means the rental yield for a period (expressed as apercentage) determined by the consent authority in accordance with thefollowing formula and taking into account the guidelines:

where:RY in the rental yield.Y is the gross rental income from the boarding house for the period.



E is the total expenses for the boarding house (excluding expenses thathave been charged to lodgers) for the period.D is the capital depreciation of the boarding house for the period.V is the total value of the boarding house were it to be purchased for thepurposes of continuing its use as a boarding house.U is the estimated cost or carrying out work as determined under clause50 (2) (f).



Part 4 Miscellaneous

52 No subdivision of boarding houses

A consent authority must not grant consent to the strata subdivision orcommunity title subdivision of a boarding house.

53 Review of Policy

The Minister must ensure that the provisions of this Policy arereviewed:(a) as soon as practicable after the first anniversary of the

commencement of this Policy, and(b) at least every 5 years after that commencement.

54 Savings and transitional provisions

(1) If a development application has been made before the commencementof this clause in relation to development to which this Policy applies andthe application has not been finally determined before thatcommencement, the application may be determined as if this Policy hadnot been made.

(2) Despite subclause (1), a development application that has been madeunder State Environmental Planning Policy No 10—Retention ofLow-Cost Rental Accommodation before the repeal of that Policy andnot finally determined must be determined:(a) if the application is for development has been referred to the

Director-General for concurrence under clause 7 of that Policy—in accordance with this Policy except that the prior concurrenceof the Director-General is required before consent can be grantedto the development application, and

(b) in any other case—in accordance with this Policy.

(3) Anything done by Housing NSW or the Department of Human Servicesunder clause 16 or 63D (3) of State Environmental Planning Policy(Infrastructure) 2007 in respect of development for a purpose referredto in clause 40 (1) (a) of this Policy is taken to have been done in respectof that development by the Land and Housing Corporation under clause40 of this Policy.

54A Savings and transitional provisions—2011 amendment

(1) Division 1 of Part 2, as in force before its amendment by StateEnvironmental Planning Policy Amendment (Affordable RentalHousing) 2011 (the amending SEPP), continues to apply todevelopment, if:



(a) the land on which the development is situated is owned by theLand and Housing Corporation and was owned by thatCorporation immediately before the amendment, and

(b) the development is commenced not later than 2 years after theamendment.

(2) If a development application (an existing application) has been madebefore the commencement of the amending SEPP in relation todevelopment to which this SEPP applied before that commencement,the application may be determined as if the amending SEPP had notbeen made.

(3) If an existing application relates to development to which Division 1 or3 of Part 2 applied, the consent authority must not consent to thedevelopment unless it has taken into consideration whether the designof the development is compatible with the character of the local area.

(4) Despite subclause (2), clause 13 (2) (as in force before the amendmentsmade by the amending SEPP) does not apply to development the subjectof an existing application and any such application is to be determinedby applying instead clause 13 (2) and (3) as inserted by the amendingSEPP.

55 Repeal

State Environmental Planning Policy No 10—Retention of Low-CostRental Accommodation is repealed.

56 Savings and transitional provisions—site compatibility amendments

Clause 36, as amended by State Environmental Planning Policy (Repealof Site Compatibility Provisions) 2011, applies to a developmentapplication for development to which Division 5 of Part 2 applies thatwas made, but not determined, before the commencement of theamendments.


State Environmental Planning Policy (Affordable Rental Housing) 2009 Schedule 1

Schedule 1 Development standards for secondary dwellings

(Clause 23 (1) (g))

Part 1 Preliminary

1 Definitions

(1) In this Schedule:ancillary development means any of the following that are not exemptdevelopment under State Environmental Planning Policy (Exempt andComplying Development Codes) 2008:(a) an access ramp,(b) an awning, blind or canopy,(c) a balcony, deck, patio, pergola, terrace or verandah that is

attached to a principal or secondary dwelling,(d) a carport that is attached to a principal or secondary dwelling,(e) a driveway, pathway or paving,(f) a fence or screen,(g) a garage that is attached to a principal or secondary dwelling,(h) an outbuilding,(i) a rainwater tank that is attached to a principal or secondary

dwelling,(j) a retaining wall,(k) a swimming pool or spa pool and child-resistant barrier.outbuilding means any of the following that are detached from aprincipal or secondary dwelling:(a) a balcony, deck, patio, pergola, terrace or verandah,(b) a cabana, cubby house, fernery, shed, gazebo or greenhouse,(c) a carport or garage,(d) a rainwater tank (above ground),(e) a shade structure.

(2) A word or expression used in this Schedule has the same meaning as ithas in State Environmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008 unless it is otherwise defined in thisSchedule.


State Environmental Planning Policy (Affordable Rental Housing) 2009Schedule 1

(3) In calculating the area of a lot for the purposes of this Schedule, the areaof the access laneway is excluded if it is a battle-axe lot.

Part 2 Site requirements

2 Lot requirements

(1) Development for the purposes of a secondary dwelling may only becarried out on a lot that:(a) at the completion of the development will have only one principal

dwelling and one secondary dwelling, and(b) if it is not a battle-axe lot, has a boundary with a primary road,

measured at the building line, of at least the following:(i) 12 metres, if the lot has an area of at least 450 square

metres but less than 900 square metres,(ii) 15 metres, if the lot has an area of more than 900 square

metres but less than 1500 square metres,(iii) 18 metres, if the lot has an area of at least 1500 square

metres, and(c) if it is a battle-axe lot, has an access laneway of at least 3 metres

in width and measuring at least 12 metres by 12 metres,excluding the access laneway.

(2) A lot on which a new secondary dwelling is erected must have lawfulaccess to a public road.

3 Maximum site coverage of all development

(1) The site coverage of the principal dwelling, secondary dwelling and allancillary development on a lot must not be more than the following:(a) 50 per cent of the area of the lot, if the lot has an area of at least

450 square metres but less than 900 square metres,(b) 40 per cent of the area of the lot, if the lot has an area of at least

900 square metres but less than 1500 square metres,(c) 30 per cent of the area of the lot, if the lot has an area of at least

1500 square metres.

(2) For the purpose of calculating the site coverage in subclause (1), thearea of any of the following is not included:(a) an access ramp,(b) that part of an awning, blind or canopy that is outside the outer

wall of a building,



(c) a balcony, deck, patio, pergola, terrace or verandah attached tothe principal or secondary dwelling that is not enclosed by a wallhigher than 1.4 metres above the floor level,

(d) an eave,(e) a driveway,(f) a farm building,(g) a fence or screen,(h) a pathway or paving,(i) a rainwater tank that is attached to the principal or secondary

dwelling,(j) a swimming pool or spa pool.

4 Maximum floor area for principal and secondary dwelling

(1) The floor area of a secondary dwelling must not be more than 60 squaremetres or, if a greater floor area is permitted in respect of a secondarydwelling on the land under another environmental planning instrument,that greater floor area.

(2) The floor area of a principal dwelling, secondary dwelling and anycarport, garage, balcony, deck, patio, pergola, terrace or verandahattached to either dwelling and enclosed by a wall (other than theexternal wall of a dwelling) higher than 1.4 metres above the floor levelon a lot must not be more than the following:(a) 330 square metres, if the lot has an area of at least 450 square

metres but less than 600 square metres,(b) 380 square metres, if the lot has an area of at least 600 square

metres but less than 900 square metres,(c) 430 square metres, if the lot has an area of at least 900 square

metres.

(3) For the purpose of calculating the floor area in subclause (2):floor area means the sum of the areas of each storey of each dwellingand each carport, garage, balcony, deck, patio, pergola, terrace orverandah, measured at a height of 1.4 metres above each floor level,where the area is taken to be the area within the outer face of:(a) the external walls of the dwelling, and(b) the walls of the carport, garage, balcony, deck, patio, pergola,

terrace or verandah,but excluding any of the following:(c) any part of an awning, blind or canopy that is outside the outer

wall of a building,



(d) an eave,(e) a lift shaft,(f) a stairway,(g) a void above a lower storey.

5 Maximum floor area for balconies, decks, patios, pergolas, terraces and verandahs

(1) The maximum floor area of a balcony, deck, patio, pergola, terrace orverandah attached to a principal dwelling or secondary dwelling with afloor level of more than 3 metres above ground level (existing) is 12square metres.

(2) For the purpose of calculating the floor area in subclause (1):floor area means the area of the balcony, deck, patio, pergola, terraceor verandah, measured at the floor level, where the area is taken to bethe area within the outer face of:(a) the external walls, if the balcony, deck, patio, pergola, terrace or

verandah is enclosed, or(b) the balustrade or other safety barrier if the balcony, deck, patio,

pergola, terrace or verandah, is not enclosed.

Part 3 Building heights and setbacks

6 Building height

Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building having a buildingheight above ground level (existing) of more than 8.5 metres.

7 Setbacks from roads, other than classified roads

(1) Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building having a setbackfrom the boundary with a primary road that is not a classified road ofless than:(a) the average distance of the setbacks of the nearest 2 dwelling

houses having a boundary with the same primary road andlocated within 40 metres of the lot on which the principaldwelling is erected, or

(b) in any case where 2 dwelling houses are not located within 40metres of the lot:(i) 4.5 metres, if the lot has an area of at least 450 square

metres but less than 900 square metres, or



(ii) 6.5 metres, if the lot has an area of at least 900 squaremetres but less than 1500 square metres, or

(iii) 10 metres, if the lot has an area of at least 1500 squaremetres.

(2) Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building having a setbackfrom a boundary with a secondary road that is not a classified road ofless than:(a) 2 metres, if the lot has an area of at least 450 square metres but

less than 600 square metres, or(b) 3 metres, if the lot has an area of at least 600 square metres but

less than 1500 square metres, or(c) 5 metres, if the lot has an area of at least 1500 square metres.

(3) Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building having a setbackfrom a boundary with a parallel road that is not a classified road of lessthan:(a) the average distance of the setbacks of the nearest 2 dwelling

houses having a boundary with the same parallel road and locatedwithin 40 metres of the lot on which the principal dwelling iserected, or

(b) in any case where 2 dwelling houses are not located within 40metres of the lot:(i) 4.5 metres, if the lot has an area of at least 450 square

metres but less than 900 square metres, or(ii) 6.5 metres, if the lot has an area of at least 900 square

metres but less than 1500 square metres, or(iii) 10 metres, if the lot has an area of at least 1500 square

metres.

8 Setbacks from classified roads

Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building having a setbackfrom a boundary with a classified road of less than:(a) if another environmental planning instrument applying to the lot

establishes a setback for a dwelling house having a boundarywith a classified road, that distance, or

(b) 9 metres in any other case.



9 Setbacks from side boundaries

(1) Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building or any newcarport, garage, balcony, deck, patio, pergola, terrace or verandah thatis attached to such a building having a setback from a side boundary ofless than the following:(a) 0.9 metres, if the lot has an area of at least 450 square metres but

less than 900 square metres,(b) 1.5 metres, if the lot has an area of at least 900 square metres but

less than 1500 square metres,(c) 2.5 metres, if the lot has an area of at least 1500 square metres.

(2) Development for the purposes of a secondary dwelling that involves theconstruction of a new building or additions to an existing buildingwhere the new or existing building will, at the end of the development,have a building height at any part of more than 3.8 metres must notresult in the new building or any new part of the existing building or anynew carport, garage, balcony, deck, patio, pergola, terrace or verandahthat is attached to such a building, having a setback from a sideboundary of less than the sum of:(a) the amount of the setback specified for the relevant sized lot in

subclause (1), and(b) an amount that is equal to one-quarter of the additional building

height above 3.8 metres.

10 Setbacks from rear boundaries

(1) Development for the purposes of a secondary dwelling must not resultin a new building or a new part of an existing building or any newcarport, garage, balcony, deck, patio, pergola, terrace or verandah thatis attached to such a building having a setback from a rear boundary ofless than the following:(a) 3 metres, if the lot has an area of at least 450 square metres but

less than 900 square metres,(b) 5 metres, if the lot has an area of at least 900 square metres but

less than 1500 square metres,(c) 10 metres, if the lot has an area of at least 1500 square metres.

(2) Development for the purposes of a secondary dwelling that involves theconstruction of a new building or additions to an existing buildingwhere the new or existing building will, at the end of the development,have a building height at any part of more than 3.8 metres must notresult in the new building or any new part of the existing building or anynew carport, garage, balcony, deck, patio, pergola, terrace or verandah



that is attached to such a building, having a setback from a rearboundary of less than the sum of:(a) 3 metres, plus an amount that is equal to three times the additional

building height above 3.8 metres, up to a maximum setback of 8metres, if the lot has an area of at least 450 square metres but lessthan 900 square metres, or

(b) 5 metres, plus an amount that is equal to three times the additionalbuilding height above 3.8 metres, up to a maximum setback of 12metres, if the lot has an area of at least 900 square metres but lessthan 1500 square metres, or

(c) 10 metres, plus an amount that is equal to three times theadditional building height above 3.8 metres, up to a maximum of15 metres, if the lot has an area of at least 1500 square metres.

(3) Despite subclauses (1) and (2), a dwelling on a lot that has a rearboundary with a laneway may have a building line that abuts thatboundary for up to 50 per cent of the length of that boundary.

11 Exceptions to side and rear setbacks

Despite any other clause in this Part:(a) development for the purposes of a secondary dwelling must not

result in a new building or a new part of an existing buildinghaving a setback of less than 3 metres from a boundary with apublic reserve, and

(b) side and rear setbacks from the boundary with a road do not applyto allowable encroachments permitted under clause 3.7.1.7 ofVolume Two of the Building Code of Australia or any eave orroof overhang that has a horizontal width of not more than 0.45metres.

Note. The allowable encroachments permitted under clause 3.7.1.7 of VolumeTwo of the Building Code of Australia include fascias, gutters, downpipes,rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heatingappliances, light fittings, electricity and gas meters, aerials, antennae, pergolas,sun blinds, unroofed terraces, landings, steps and certain ramps.

12 Calculating setbacks

(1) For the purpose of calculating the setback of an existing dwelling, thelocation of any of the following is not included:(a) any part of an existing garage or carport that is located between

the building line of the dwelling and a boundary with the primaryroad,

(b) any existing building element of a dwelling that is located withinthe articulation zone.



(2) For the purpose of calculating the setbacks of the nearest 2 dwellinghouses, those dwelling houses must be on the same side of the road asthe lot.

(3) For the purpose of calculating a side or rear setback, the maximumbuilding height of a dwelling on a sloping lot is to be used.

(4) A setback is to be calculated at the closest point to the boundary fromthe building line.

13 Articulation zone

(1) Development for the purposes of a secondary dwelling (other thandevelopment on a battle-axe lot) must not result in neither the principaldwelling nor the secondary dwelling having a front door and a windowto a habitable room in the building wall that faces a primary road.

(2) Development for the purposes of a secondary dwelling (other thandevelopment on a battle-axe lot) must not result in neither the principaldwelling nor the secondary dwelling having a window to a habitableroom in the building wall that faces a parallel road.

(3) Development for the purposes of a secondary dwelling may incorporatean articulation zone from the secondary dwelling to a primary road,unless the secondary dwelling has a setback from the primary road ofless than 3 metres.

14 Building elements within the articulation zone

(1) The following building elements are permitted in an articulation zone:(a) an entry feature or portico,(b) a balcony, deck, patio, pergola, terrace or verandah,(c) a window box treatment,(d) a bay window or similar feature,(e) an awning or other feature over a window,(f) a sun shading feature.

(2) A building element must not extend above the eave gutter line, otherthan a pitched roof to an entry feature or portico that has the same pitchas the roof on the building.

(3) The maximum area of all building elements within the articulation zone,other than a building element listed in subclause (1) (e) or (f), must notbe more than 25 per cent of the area of the articulation zone, measuredthrough the horizontal plane of the elements.



15 Privacy

(1) Development for the purposes of a secondary dwelling must not resultin a new window in the principal or secondary dwelling without aprivacy screen if:(a) it is a window in a habitable room, other than a bedroom, that has

a floor level of more than 1 metre above ground level (existing),and

(b) the wall in which the window is located has a setback of less than3 metres from a side or rear boundary, and

(c) the window has a sill height of less than 1.5 metres.

(2) Development for the purposes of a secondary dwelling must not resultin a new or altered balcony, deck, patio, pergola, terrace or verandahwithout a privacy screen if it:(a) has a setback of less than 3 metres from a side or rear boundary,

and(b) has a floor area more than 3 square metres, and(c) has a floor level more than 1 metre above ground level (existing).

(3) Development for the purposes of a secondary dwelling must not resultin a new or altered detached deck, patio, pergola or terrace having afloor level that is more than 0.6 metres above ground level (existing).

(4) In this clausealter includes making additions to.privacy screen means a screen that:(a) faces the boundary identified in subclause (2) (a), and(b) is 1.5 metres high, measured from the floor level, and(c) has no individual opening more than 30 millimetres wide, and(d) has a total of all openings less than 30 per cent of the surface area

of the screen.

Part 4 Landscaping

16 Landscaped area

(1) A lot on which development for the purposes of a secondary dwelling iscarried out must have a landscaped area of at least the following:(a) 20 per cent, if the lot has an area of at least 450 square metres but

less than 600 square metres,(b) 25 per cent, if the lot has an area of at least 600 square metres but

less than 900 square metres,



(c) 35 per cent, if the lot has an area of at least 900 square metres butless than 1500 square metres,

(d) 45 per cent, if the lot has an area of at least 1500 square metres.

(2) At least 50 per cent of the landscaped area must be located behind thebuilding line to the primary road boundary.

(3) The landscaped area must be at least 2.5 metres wide.

17 Principal private open space

(1) A lot on which development for the purposes of a secondary dwelling iscarried out must have at least 24 square metres of principal private openspace.

(2) In this clause, principal private open space means:(a) an area that is directly accessible from, and adjacent to, a

habitable room, other than a bedroom, and(b) is at least 4 metres wide, and(c) is not steeper than 1:50 gradient.

Note. There is no requirement that additional parking spaces be provided in respect ofdevelopment for the purposes of a secondary dwelling.

Part 5 Earthworks and drainage

18 Excavation of sloping sites

(1) Excavation associated with development for the purposes of asecondary dwelling must:(a) be not more than 1 metre below ground level (existing), and(b) be constructed using a retaining wall or unprotected embankment

that meets the standards of subclause (2) or (3), respectively.

(2) A retaining wall must not extend more than 1 metre horizontally beyondthe external wall of the principal or secondary dwelling.

(3) An unprotected embankment must not extend more than 1 metrehorizontally beyond the external wall of the principal or secondarydwelling.

19 Fill of sloping sites

(1) Fill associated with development for the purposes of a secondarydwelling must be contained wholly within the external walls of theprincipal or secondary dwelling.



(2) Despite subclause (1), exposed fill may be constructed using anunprotected embankment if the principal or secondary dwelling has asetback of more than 2 metres from a side or rear boundary, if:(a) the fill is not more than 0.6 metres above ground level (existing),

and(b) the fill (but not the embankment) does not extend more than 1

metre beyond an external wall of the dwelling, and(c) the toe of the unprotected embankment has a setback of at least

0.4 metres from a side or rear boundary.

20 Run-off and erosion controls

Run-off and erosion controls must be implemented to prevent soilerosion, water pollution or the discharge of loose sediment on thesurrounding land by:(a) diverting uncontaminated run-off around cleared or disturbed

areas, and(b) erecting a silt fence to prevent debris escaping into drainage

systems and waterways, and(c) preventing tracking of sediment by vehicles onto roads, and(d) stockpiling top soil, excavated materials, construction and

landscaping supplies and debris within the lot.

21 Drainage

(1) All stormwater collecting as a result of development for the purposes ofa secondary dwelling must be conveyed by a gravity fed or chargedsystem to:(a) a public drainage system, or(b) an inter-allotment drainage system, or(c) an on-site disposal system.

(2) All stormwater drainage systems within a lot and the connection to apublic or an inter-allotment drainage system must:(a) if an approval is required under section 68 of the Local

Government Act 1993, be approved under that Act, or(b) if an approval is not required under section 68 of the Local

Government Act 1993, comply with any requirements for thedisposal of stormwater drainage contained in a developmentcontrol plan that is applicable to the land.



Schedule 2 Complying development—group homes

(Clause 45 (2))

1 Definitions

(1) In this Schedule:ancillary development means any of the following that are not exemptdevelopment under State Environmental Planning Policy (Exempt andComplying Development Codes) 2008:(a) an access ramp,(b) an awning, blind or canopy,(c) a balcony, deck, patio, pergola, terrace or verandah that is

attached to a group home,(d) a carport that is attached to a group home,(e) a driveway, pathway or paving,(f) a fence or screen,(g) a garage that is attached to a group home,(h) an outbuilding,(i) a rainwater tank that is attached to a group home,(j) a retaining wall,(k) a swimming pool or spa pool and child-resistant barrier.outbuilding means any of the following that are detached from a grouphome:(a) a balcony, deck, patio, pergola, terrace or verandah,(b) a cabana, cubby house, fernery, shed, gazebo or greenhouse,(c) a carport or garage,(d) a rainwater tank (above ground),(e) a shade structure.

(2) A word or expression used in this Schedule has the same meaning as ithas in State Environmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008 unless it is otherwise defined in thisSchedule.

2 Site requirements

Development may only be carried out on a site that:(a) has an area of at least 450 square metres (excluding the area of

the access laneway if it is a battle-axe lot), and(b) has a boundary with, or lawful access to, a public road, and



(c) if it is not a battle-axe lot, has a boundary with a primary road ofat least 12 metres, and

(d) if it is a battle-axe lot, has an access laneway of at least 3 metresin width, and

(e) has at least one area on the site that measures at least 12 metresby 12 metres (excluding the access laneway if it is a battle-axelot).

3 Maximum site coverage of all development

(1) The group home and all ancillary development must not cover morethan 70 per cent of the site area.

(2) For the purpose of calculating the site coverage in subclause (1), thearea of any of the following is not included:(a) an access ramp,(b) any part of an awning, blind or canopy that is outside the outer

wall of a building,(c) a balcony, deck, patio, pergola, terrace or verandah attached to

the group home that is not enclosed by a wall higher than 1.4metres above the floor level,

(d) an eave,(e) a driveway,(f) a fence or screen,(g) a pathway or paving,(h) a rainwater tank that is attached to the group home,(i) a swimming pool or spa pool.

4 Building height

Any building used for the purposes of a group home must not have abuilding height of more than 8.5 metres above ground level (existing).

5 Setbacks from roads other than classified roads

(1) A group home and all ancillary development on a site must have asetback from the boundary with a primary road that is not a classifiedroad of at least:(a) the average distance of the setbacks of the nearest 2 group homes

or dwelling houses having a boundary with the same primaryroad and located within 40 metres of the site on which the grouphome is erected, or

(b) in any case where 2 group homes or dwelling houses are notlocated within 40 metres of the site—4.5 metres.



(2) A group home and all ancillary development on a site must have asetback from the boundary with a secondary road that is not a classifiedroad of at least 2 metres.

(3) A group home and all ancillary development on a site must have asetback from a boundary with a parallel road that is not a classified roadof at least:(a) the average distance of the setbacks of the nearest 2 group homes

or dwelling houses having a boundary with the same parallel roadand located within 40 metres of the site on which the group homeis erected, or

(b) in any case where 2 group homes or dwelling houses are notlocated within 40 metres of the site—4.5 metres.

6 Setbacks from classified roads

A group home and all ancillary development on a site must have asetback from a boundary with a classified road of at least:(a) if another environmental planning instrument applying to the

land establishes a setback for a group home or dwelling househaving a boundary with a classified road—that distance, or

(b) 9 metres in any other case.

7 Doors and windows facing roads

A new group home, other than a group home on a battle-axe lot, musthave:(a) a front door and a window to a habitable room in a building wall

that faces a primary road, and(b) a door and a window to a habitable room in a building wall that

faces a parallel road.

8 Articulation zones

(1) A group home that has a setback from a primary road of 3 metres ormore is taken to incorporate an articulation zone.

(2) The following building elements are permitted in an articulation zone:(a) an entry feature or portico,(b) a balcony, deck, patio, pergola, terrace or verandah,(c) a window box,(d) a bay window or similar feature,(e) an awning or other feature over a window,(f) a sun shading feature.



(3) A building element must not extend above the eave gutter line, otherthan a pitched roof to an entry feature or portico that has the same pitchas the roof on the group home.

(4) The maximum area of all building elements within the articulation zone,other than a building element listed in subclause (2) (e) or (f), must notbe more than 25 per cent of the area of the articulation zone, measuredthrough the horizontal plane of the building elements.

9 Side and rear boundary setbacks

(1) A group home and all ancillary development on a site must have asetback from the side boundary of at least the following:(a) in relation to a group home with a building height of up to 3.8

metres—0.9 metres,(b) in relation to a group home with a building height greater than 3.8

metres—0.9 metres plus 0.25 per cent of the additional buildingheight above 3.8 metres.

(2) A group home and all ancillary development on a site must have asetback from the rear boundary of at least the following:(a) in relation to a group home or ancillary development with a

building height of up to 3.8 metres—0.9 metres,(b) in relation to a group home or ancillary development with a

building height greater than 3.8 metres—3 metres plus an amountthat is 3 times the additional building height above 3.8 metres, upto a maximum setback of 8 metres.

(3) Despite subclauses (1) and (2), a group home on a site that has a rearboundary with a laneway may have a building line that abuts thatboundary for up to 50 per cent of the length of that boundary.

10 Calculating setbacks

(1) For the purpose of calculating the setback of an existing group home,the location of any of the following is not included:(a) any part of an existing garage or carport that is located between

the building line of the group home and a boundary with theprimary road,

(b) any existing building element of a group home that is locatedwithin the articulation zone.

(2) For the purpose of calculating the setbacks of the nearest 2 group homesor dwelling houses, those group homes or dwelling houses must be onthe same side of the road as the site.



(3) For the purpose of calculating the setbacks of a group home, anybuilding element that is permitted in the articulation zone is notincluded.

(4) For the purpose of calculating a side or rear setback, the maximumbuilding height of a group home on a sloping site is to be used.

(5) A setback is to be calculated at the closest point to the boundary fromthe building line.

(6) For the purpose of calculating the setback from a road, a reference toancillary development does not include the following:(a) a driveway, pathway or paving,(b) an eave,(c) a fence or screen,(d) a retaining wall,(e) any ancillary development that is a building element that is

permitted in the articulation zone.

11 Exceptions to side and rear setbacks

Despite any other clause in this Schedule:(a) a group home or any attached ancillary development must have a

setback of at least 3 metres from a boundary with a publicreserve, and

(b) side and rear boundary setbacks do not apply to allowableencroachments permitted under clause 3.7.1.7 of Volume Two ofthe Building Code of Australia.

Note. The allowable encroachments permitted under clause 3.7.1.7 of VolumeTwo of the Building Code of Australia include fascias, gutters, downpipes,rainwater tanks, eaves with non-combustible roof cladding and lining, flues,chimneys, pipes, domestic fuel tanks, cooling or heating appliances or otherservices, light fittings, electricity or gas meters, aerials, antennae, pergolas, sunblinds, unroofed terraces, landings, steps and ramps.

12 Building separation

The distance between buildings that are used for the purposes of grouphomes on a site must be at least 1.8 metres.

13 Privacy

(1) A window in a group home must have a privacy screen if:(a) it is a window in a habitable room, other than a bedroom, that has

a floor level of more than 1 metre above ground level (existing),and



(b) the wall in which the window is located has a setback of less than3 metres from a side or rear boundary, and

(c) the window has a sill height of less than 1.5 metres.

(2) A balcony, deck, patio, pergola, terrace or verandah must have a privacyscreen if it:(a) has a setback of less than 3 metres from a side or rear boundary,

and(b) has a floor area of more than 3 square metres, and(c) has a floor level of more than 1 metre above ground level

(existing).

(3) A detached balcony, deck, patio, pergola, terrace or verandah must nothave a floor level that is more than 0.6 metres above ground level(existing).

(4) In this clause, privacy screen means a screen that:(a) faces the relevant boundary, and(b) is 1.5 metres high, measured from the floor level, and(c) has no individual opening more than 0.3 metres wide, and(d) has a total of all openings less than 30 per cent of the surface area

of the screen.

14 Landscaped area

(1) At least 20 per cent of the site area on which the erection of, oralterations or additions to, a group home or ancillary development iscarried out must be a landscaped area.

(2) At least 50 per cent of the landscaped area must be located behind thebuilding line to the primary road boundary.

(3) The landscaped area must be at least 2.5 metres wide.

15 Principal private open space

A site on which a group home is erected must have at least 24 squaremetres of principal private open space that:(a) has an area at ground level (existing) that is directly accessible

from, and adjacent to, a habitable room, other than a bedroom,and

(b) is at least 4 metres wide, and(c) has a gradient that is no steeper than 1:50.



16 Requirement to provide car parking

(1) At least 2 off-street car parking spaces must be provided on the site onwhich a group home is erected.

(2) At least 2 off-street car parking spaces must be retained on a site onwhich alterations or additions to an existing off-street car parking spaceare carried out.

(3) A car parking space under this clause may be an open hard stand spaceor a carport or garage, whether attached or detached from the grouphome.

17 Garage, carport and parking spaces

(1) A garage, carport or car parking space must be no more than 1 metreforward of the front building setback.

(2) If the door or doors on a garage face a primary road, a secondary roador a parallel road, the total width of all those door openings must:(a) be not more than 6 metres, and(b) be not more than 50 per cent of the width of the building,

measured at the building line to the relevant property boundary.

(3) An open hard stand car parking space must measure at least 2.6 metreswide by 5.4 metres long.

18 Vehicle access

The design and construction of the vehicular access to a site mustcomply with Australian Standard AS 2890.1—1993, Parkingfacilities—Off-street car parking.

19 Excavation of sloping sites

(1) Excavation associated with the erection of, or alterations or additions to,a group home or ancillary development (other than a swimming pool)must:(a) be not more than 1 metre below ground level (existing), and(b) be constructed using a retaining wall or unprotected embankment

that does not extend more than 1 metre horizontally beyond theexternal wall of the group home or ancillary development.

(2) Excavation associated with the erection of, or alterations or additions to,a swimming pool must be not more than the depth required for the poolstructure.



20 Fill of sloping sites

(1) Fill associated with the erection of, or alterations or additions to, a grouphome or ancillary development must:(a) be not more than 1 metre above ground level (existing), and(b) be contained wholly within the external walls of the group home

or ancillary development.

(2) Despite subclause (1), exposed fill may be constructed using anunprotected embankment if the group home or ancillary developmenthas a setback of more than 2 metres from a side or rear boundary, if:(a) the fill is not more than 0.6 metres above ground level (existing),

and(b) the fill (but not the embankment) does not extend more than 1

metre beyond an external wall of the group home or detachedancillary development, and

(c) the toe of the unprotected embankment has a setback of at least0.4 metres from a side or rear boundary.

21 Drainage

(1) All stormwater collecting as a result of the erection of, or alterations oradditions to, a group home or ancillary development must be conveyedby a gravity fed or charged system to:(a) a street drainage system under the control of the relevant public

authority, or(b) an inter-allotment drainage system, or(c) an on-site disposal system approved under section 68 of the Local

Government Act 1993, if the site is unsewered.

(2) All surface water run-off emanating from a sloping site as a result of theerection of, or alterations or additions to, a group home or ancillarydevelopment must be collected and conveyed to a drainage systemlisted in subclause (1).

22 Demolition or removal of buildings

(1) An existing group home, dwelling house or ancillary development thatis to be demolished or relocated must:(a) be disconnected from any essential service in accordance with the

requirements of the relevant authority, and(b) not be relocated, except in accordance with the approval of the

relevant authority.



(2) Demolition or removal must not involve the removal or pruning of a treeor other vegetation that requires a permit or development consent forremoval or pruning, unless that removal or pruning is undertaken inaccordance with a permit or development consent.

23 Swimming pools

(1) Ancillary development comprising a swimming pool for private usemust be located:(a) behind the setback from any road boundary, or(b) in the rear yard area.

(2) The swimming pool water line must have a setback of at least 1 metrefrom a side or rear boundary.

(3) Decking around a swimming pool must not be more than 0.6 metresabove ground level (existing).

(4) Coping around a swimming pool must not be more than:(a) 1.4 metres above ground level (existing), or(b) 0.3 metres wide if the coping is more than 0.6 metres above

ground level (existing).

(5) Water from a swimming pool must be discharged in accordance with anapproval under the Local Government Act 1993 if the site is notconnected to a sewer main.Note. A child-resistant barrier must be constructed or installed in accordancewith the requirements of the Swimming Pools Act 1992.

24 Fences

(1) Ancillary development comprising a fence must be constructed so asnot to prevent natural flow of stormwater drainage or run-off.

(2) The height of a boundary fence in a residential zone must not exceed:(a) in the case of development within the boundaries of an existing

group home—2.1 metres above ground level (existing) if thefence is behind the front building line and 1.2 metres aboveground level (existing) if the fence is on or forward of that line,and

(b) in any other case—1.8 metres above ground level (existing) if thefence is behind the front building line and 1.2 metres aboveground level (existing) if the fence is on or forward of that line.

(3) A fence must not include masonry construction to a height of more than0.9 metres above ground level (existing).



25 Access ramps

(1) The gradient of any access ramp must not be steeper than 1:14.

(2) An access ramp must be constructed so as to comply with AustralianStandard AS 1428.1—2001, Design for access and mobility—Generalrequirements for access—New building work.

(3) An access ramp must not create a traffic or pedestrian hazard.



Schedule 3 Amendment of planning instruments

3.1 Marrickville Local Environmental Plan 2001

Clause 63 Retention of low-cost rental accommodation

Omit “State Environmental Planning Policy No 10—Retention of Low-CostRental Accommodation” from clause 63 (2).

Insert instead “Part 3 of State Environmental Planning Policy (AffordableRental Housing) 2009”.

3.2 South Sydney Local Environmental Plan 1998

[1] Clause 27M Definitions

Insert in alphabetical order:very low income households, low income households andmoderate income households have the same meanings as inclause 8 of State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).

[2] Clause 27P Affordable housing conditions

Omit “section 94F (3) (c) and (4)” from clause 27P (4).

Insert instead “sections 116Y (3) and 116Z”.

[3] Clause 27P (5)

Omit “section 94F (1)”. Insert instead “section 116Y (2)”.

[4] Clause 27P (6)

Omit “section 94G”. Insert instead “section 116ZB”.

[5] Clause 29 Subdivision of land

Omit “State Environmental Planning Policy No 10—Retention of Low-CostRental Accommodation” from clause 29 (2) (a).


3.3 State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes)

[1] Clause 7 Relationship to other environmental planning instruments

Omit clause 7 (2).



[2] Clause 9 Identification of need for affordable housing


[3] Clause 10 Requirement for imposition of affordable housing contribution conditions

Omit “section 94F (3) (a)”. Insert instead “section 116Y (4) (a)”.

[4] Clause 10

Omit “section 94F of the Act”. Insert instead “section 116Y of the Act”.

[5] Schedule 1 Amendments

Omit the Schedule.

3.4 State Environmental Planning Policy (Affordable Rental Housing) 2009

[1] Clause 51 Contributions for affordable housing

Omit “section 94F (1)” from clause 51 (1). Insert instead “section 116Y (1)”.

[2] Clause 51 (2)

Omit “section 94F (3) (b) of the Act, this Policy authorises a condition to beimposed under section 94F”.

Insert instead “section 116Y (4) (b) of the Act, this Policy authorises acondition to be imposed under section 116Y”.

3.5 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

[1] Clause 1.6 Interpretation—references to land use zones

Omit “certifies” from clause 1.6 (3). Insert instead “determines”.

[2] Clause 1.8 Relationship with other State environmental planning policies

Insert after clause 1.8 (4):

(4A) If this Policy and State Environmental Planning Policy(Affordable Rental Housing) 2009 specify the same developmentas either exempt or complying development, this Policy does notapply to that development.



3.6 State Environmental Planning Policy (Infrastructure) 2007

[1] Part 3, Division 11 Housing

Omit the Division.

[2] Schedule 1A Complying development—group homes

Omit the Schedule.

3.7 State Environmental Planning Policy (Major Development) 2005

Schedule 3 State significant sites

Omit “State Environmental Planning Policy No 10—Retention of Low-CostRental Accommodation” from clause 20 (3) (a) of Part 5.


3.8 State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Appendix 1

Omit “State Environmental Planning Policy No 10—Retention of Low-CostRental Accommodation” from clause 15 (3) (a).


3.9 State Environmental Planning Policy (Western Sydney Parklands) 2009

[1] Clause 6 Relationship to other planning instruments

Insert in alphabetical order in clause 6 (1):

State Environmental Planning Policy (Affordable RentalHousing) 2009,

[2] Clause 6 (5)

Omit “Division 11 of Part 3 and” from the definition of excluded provisions.

3.10 Sydney Local Environmental Plan 2005

Clause 118 Definitions

Insert in alphabetical order:



very low income households, low income households andmoderate income households have the same meanings as inclause 8 of State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).

3.11(Repealed)

3.12 Warringah Local Environmental Plan 2000

Schedule 1 Exempt development

Omit “State Environmental Planning Policy No 10—Retention of Low-CostRental Accommodation” from the matter relating to STRATA SUBDIVISIONin the Table.


3.13 Waverley and Woollahra Joint Local Environmental Plan 1991—Bondi Junction Commercial Centre

Clause 13 Subdivision of land

Omit “State Environmental Planning Policy No 10—Retention of Low CostRental Accommodation” from clause 13 (2).


3.14 Willoughby Local Environmental Plan 1995

[1] Clause 25B Willoughby Local Housing to be provided in Willoughby Local Housing Precincts

Omit “section 94F (3) (c) and (4)” from clause 25B (6).

Insert instead “sections 116Y (3) and 116Z”.

[2] Clause 25B (7)


[3] Clause 25B (8)

Omit “section 94G”. Insert instead “section 116ZB”.


State Environmental Planning Policy (Affordable Rental Housing) 2009Notes

The following abbreviations are used in the Historical notes:Am amended LW legislation website Sch ScheduleCl clause No number Schs SchedulesCll clauses p page Sec sectionDiv Division pp pages Secs sectionsDivs Divisions Reg Regulation Subdiv SubdivisionGG Government Gazette Regs Regulations Subdivs SubdivisionsIns inserted Rep repealed Subst substituted

Historical notes

Table of amending instrumentsState Environmental Planning Policy (Affordable Rental Housing) 2009 (364). LW31.7.2009. Date of commencement, Sch 3.2 [2]–[4], 3.3 [2]–[4], 3.4, 3.11 [2]–[4] and 3.14excepted, on publication on LW, cl 2 (1); date of commencement of Sch 3.2 [2]–[4], 3.3[2]–[4], 3.4 and 3.14: not in force; Sch 3.11 [2]–[4] were not commenced and were repealedby the Statute Law (Miscellaneous Provisions) Act 2010 No 59. This Policy has beenamended as follows:

2009 (474) State Environmental Planning Policy (Affordable Rental Housing) Amendment (Public Transport) 2009. LW 18.9.2009.Date of commencement, on publication on LW, cl 2.

No 106 Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009.Date of commencement of Sch 2, 8.1.2010, sec 2 (2).

2010 No 59 Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.Date of commencement of Sch 3, 9.7.2010, sec 2 (2).

(656) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010. LW 1.12.2010.Date of commencement of Sch 4, 25.2.2011, cl 2 (1). Amended by State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2010 (680). LW 10.12.2010. Date of commencement, on publication on LW, cl 2.

2011 (103) State Environmental Planning Policy (Standard Instrument References) Amendment 2011. LW 25.2.2011.Date of commencement, 25.2.2011, cl 2.

(116) State Environmental Planning Policy Amendment (Site Compatibility Certificates) 2011. LW 2.3.2011.Date of commencement, on publication on LW, cl 2.


State Environmental Planning Policy (Affordable Rental Housing) 2009 Notes

Table of amendments

(239) State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011. LW 20.5.2011.Date of commencement, on publication on LW, cl 2.

(385) State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011. LW 29.7.2011.Date of commencement, on publication on LW, cl 2.

No 62 Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011.Date of commencement of Sch 2.33, 6.1.2012, sec 2 (1).

2012 (507) State Environmental Planning Policy (Affordable Rental Housing) Amendment (Group Homes) 2012. LW 5.10.2012.Date of commencement, on publication on LW, cl 2.

Cl 4 Am 2009 No 106, Sch 2.39 [1]; 2011 (103), Sch 1.9; 2011 (239), Sch 1 [1].

Cl 9 Am 2009 No 106, Sch 2.39 [2].

Cl 10 Am 2009 (474), cl 4. Subst 2011 (239), Sch 1 [2].

Cll 11, 12 Rep 2011 (239), Sch 1 [2].

Cl 13 Am 2011 (239), Sch 1 [3]–[6].

Cl 14 Am 2011 (239), Sch 1 [7]–[10].

Cl 16A Ins 2011 (239), Sch 1 [11].

Cl 23 Am 2010 (656), Sch 4 [1]–[4]; 2011 No 62, Sch 2.33.

Cl 27 Am 2011 (239), Sch 1 [12].

Cl 29 Am 2011 (239), Sch 1 [13].

Cl 30 Am 2011 (239), Sch 1 [14].

Cl 30A Ins 2011 (239), Sch 1 [15].

Cl 36 Am 2011 (116), Sch 1.1 [1] [2]; 2011 (385), Sch 1.1 [1] [2].

Cl 40 Am 2011 (239), Sch 1 [16]–[18].

Cl 42 Am 2012 (507), Sch 1 [1] [2].

Cl 45 Am 2010 (656), Sch 4 [5]–[8]; 2012 (507), Sch 1 [3].

Cl 54A Ins 2011 (239), Sch 1 [19].

Cl 56 Ins 2011 (385), Sch 1.1 [3].


State Environmental Planning Policy (Affordable Rental Housing) 2009Notes

Sch 3 Am 2010 No 59, Sch 3, cl 1.


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